Background
Michelle Perez, a Supervisory Accounting Technician at Brooke Army Military Center, was proposed for removal based on failure to follow instructions and conduct unbecoming a supervisor. An administrative judge found the Army proved five of six specifications for the first charge and two of three for the second. The Merit Systems Protection Board affirmed the removal, and Perez petitioned for review.
The court’s reasoning
The court affirmed the Board’s decision, noting that Perez forfeited her argument regarding the sufficiency of the Notice of Proposed Removal by not raising it before the Board. The court found substantial evidence supported the administrative judge’s findings that the Army proved the misconduct charges. Regarding the penalty, the court held that the agency properly considered the Douglas factors and that removal was consistent with the applicable table of penalties for the conduct unbecoming a supervisor charge.
What it means going forward
The decision reinforces the deference federal appellate courts give to the Merit Systems Protection Board when substantial evidence supports an agency’s finding of misconduct and reasonableness of penalty in federal employment disputes.
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